Announced Actions for March 29, 2005

For Your Information

March 29, 2005

Petition to reopen proceedings and modify decision and order: The Commission has received a petition to reopen and modify the final decision and order in the 2003 transaction concerning Nestlé Holdings Inc., File No. 021-0174, Docket No. C-4082, at http://www.ftc.gov/os/caselist/0210174.htm, regarding Nestlé’s acquisition of Dreyer’s Grand Ice Cream Holdings, Inc. According to their filing, the respondents have petitioned the FTC on behalf of CoolBrands International, Inc., and its subsidiary Integrated Brands, Inc., the Commission-approved divestiture buyer in this proceeding. Through the confidential petition, a redacted version of which is available on the FTC’s Web site as a link to this press release, the respondents have requested that the Commission reopen and modify the final order to extend portions of the Transitions Services Agreement for an additional 12 months.

Comments on the petition may be submitted for 30 days, until April 26, 2005, to: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Ave., N.W., Washington, DC 20580. The companies have requested expedited Commission consideration of the petition and a waiver of the public comment period, which, if granted, could result in an earlier decision. (FTC File No. 021-0174, Docket No. C-4082; the staff contact is Daniel P. Ducore, Bureau of Competition, 202-326-2526; see press releases dated March 4, June 25, November 12, 2003, and July 2, 2004.)

Commission approval of final consent order: The Commission has approved the issuance of a final consent order in the matter concerning Cemex, S.A. de C.V. and RMC Group PLC, and the issuance of a letter to the commenter of record. The vote approving the final order was 4-0-1, with Chairman Deborah P. Majoras recorded as recused. (FTC File No. 051-0007; the staff contact is Randall A. Long, Bureau of Competition, 202-326-2715; see press release dated February 14, 2005.)

Copies of the documents mentioned in this release are available from the FTC’s Web site at http://www.ftc.gov and also from the FTC’s Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, DC 20580. Call toll-free: 1-877-FTC-HELP.